Handling Disciplinary Procedures & Domestic Enquiry

About The Programme

In most organisations, irrespective they represent the industries of manufacturing, tourism, mining, construction or agriculture, they synergy of performance, harmony of work and the evolvement of positive work environment is always derived from the cumulative effort of the direct as well as the indirect manpower.

The discipline and performance of this labour force determines the organisation’s high level of attainment or alternatively, their indiscipline may lead to retrogression. Thus, whilst the leadership is bent on motivating and developing them, the principles of integrity, fairness and firmness in disciplining these employees are expected to flow simultaneously from these direct operations as well as support Departments, which wholesome leadership will nurture continuous growth and success of the organisation.

Thus, the enforcement of industrial disciplinary by these Head of Department and their Managers who control large operation Departments face the biggest challenges as the organisation surges to look for higher position of its products or services within their industry.

Objectives                    
The program should achieve the following objectives:

• To guide participants on the basic rights of employers and employees. Manager adorn the power of Management and will have to understand Vicarious liability, both for their actions or inactions.
• To make employers (Managers) avoid unnecessary litigation, which is considered Non Value added to Management. If disciplinary procedures and documentation are adhered it could avoid employers’ prerogative and integrity being questioned.
• To display transparency in Management through the DI and draw mutual respect and harmony among all employees and at all levels.

Module 1

• Understanding the laws (Statutory Provisions) relating to misconduct at workplace and the requirement for domestic inquiry.
• Employment Act 1955 (Act 265)
• Industrial relations act 1967
• Occupational and safety Act 1994

Module 2

• Basic principles in these statutes. The Employer/Employee relationship and contract binding them
• The company Policy and guidelines in line with these laws
• Identifying minor and major misconduct –as drawn by company policy
• Positive, progressive disciplining procedures to change workplace behaviour
• Procedures in handling minor misconduct
• Procedures in handling Major or Gross misconduct
• Understanding Fault Liability & Strict Liability

Module 3

• The complaint
• Complaint – Relevancy (Preliminary)
• Investigation (Criminal and Civil)
• Wordings in preparation of letter of Allegation
• Serving the letter of Allegation
• Letter of explanation from employee
• Disposition by management as to course of action
• Suspension/No requirement to suspend pending inquiry
• Notice of inquiry
• The panel of inquiry
• Presentation of the Management Case – BURDEN / STANDARD OF PROOF

Module 4

     DOMESCTIC INQUIRY MOCK –UP : ROLE PLAY

• The inquiry starts (practice full day)
• Examination in Chief – the Prosecution case, key issues during the prosecution case
• Cross Examination
• Re Examination
• Panels Role during the proceedings
• Recording of the Proceedings
• Finding and Recommendations of the Panel
• Punishment and degree of seriousness as to the circumstances of the case and the policy
• Punishment orders

KRISHNAN RAMASAMY
Trainer & Consultant

Qualification / Professional Membership

• Diploma in Supervisory Management
• Diploma in Business Administration
• Industrial Electronics (Intermediate)
• Bachelor Degree in Laws (Hons)
• Master in Business Admin (HRM)

Relevant Expertise and Work Experience

MR KRISHNAN RAMASAMY graduated from University of London with a honors degree in Law (LL.B). He further holds an MBA (Human Resource) from Frederick Taylor International University, USA and Diploma’s in ISM (UK ) and IBA (India ).He packs 25 years of industrial experience, combining both operations and HRM. He worked in 2 renowned multi-national Corporations of Motorola Semiconductor,  and the Samsung Group of Companies located in Seremban.  Krishnan Ramasamy is a certified facilitator for 7 Habits of Highly effective People and Kepner Tregoe’s Problem Solving and Decision Making Training Program. He is a certified PSMB Trainer.

 In 1994 Krishnan Ramasamy led the Technical development Team to Pusan, South Korea, which Team subsequently played the key role in the expansion of Manufacturing facilities in Malaysia. Between 1999 to 2001 he spearheaded the 6 Sigma Quality development Team  for the Electron Gun Factory in Samsung’s Malaysia’s mission to excel in Quality through 6 Sigma Quality development  for the Group. He is a 6 Sigma Green Belter.

From 2002 till 2005 Krishnan was identified to lead the Samsung Group HRM Team, whose direction was to be the best employer in the country. Krishnan has combined his vast Managerial, technical, process, HRM and legal experience into classic training programs. He has developed Training material to specifically expose conceptual idealism challenged in down to earth operation realities. These trainings have been tailored and developed so as  to  steer effective Management of resources and to meet current Global standards in every aspect of Quality , cost , delivery, product innovation and the HRM.

From 2006 till 2008 Krishnan worked as Consultant and Trainer delivering his vast experience in sectors such as Manufacturing, service, tourism, construction, education and the Public Sector. His training ability has seen him delivering training for a wide spectrum of Companies in almost all states within Malaysia. He stresses this requirement for continuous training as a compulsory need, which he professes to be the key edge  any Company holds in meeting its management’s vision and goals.

From 2009 to 2010  Krishnan Ramasamy worked as Human Resources Manager for Berjaya Redang Resort , Terengganu. His HRM experience coupled with Legal education and long years of Managing operations has enabled him to develop Training programs specialized in Human Resource Development, a key factor in driving excellence in the performance of any Organization.

He currently works as a Regional Senior Manager for Kwantas Corporation, handling HR & Administration, covering Sabah, Sarawak, Indonesia and China.